DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 87 OF 2016

Amitabh Gupta ( 38 Years),

S/O- Chainni Gupta,

RO: Kalinganagar, Brajrajnagar,PS: Orient,Brajrajnagar,

Dist: Jharsuguda,Odisha………………………..……….…….…………Complainant.

Versus

The Branch Manager,

Tata Motor Finance Ltd., Second Floor, Balaji Tower,

At:Budharaja,

Dist: Sambalpur, Odisha………………………………....…….…..….……..Opp. Party.

Counsel for the Parties:-

For the Complainant                                  Shri P.R.M. Rao,Adv. & Associates.

For the Opp. Party                                   Shri A.K.Sahoo,Adv. & Associates.

Date of Order: 16.08.2017

Present

                                                                                   1. Shri S.L.Behera, President.

                                                                                   2. Shri S.K. Ojha, Member.

                                                                                  3. Smt. A. Nanda, Member (W).

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant avail loan of Rs.21,77,040/- only from the O.P. on dtd.26.08.2012 and purchased one vehicle bearing Regn. No.OD-15-0133 which was to be returned with interest within 02.08.2016 in monthly installments. The complainant has paid more than Rs.19,00,000/- only as on 04.07.2016. The complainant was paying the monthly installment regularly but due to non-furnishing of copy of agreement and interest charged to the complainant along with the account statement the complainant unable to pay his installments in time. The complainant is ready to pay the defaulted amount and while asking about the current balance of his loan account the O.P denied to supply the statement of accounts and threatening to seize the vehicle, hence this case.

The O.P. appeared through their counsel after being noticed and filed preliminary objection. The O.P submitted that the complainant is a defaulter in making payments of installments. The complainant has availed loan of Rs.16,15,000/- which was to be paid with interest in 47 nos. of monthly EMIs. started from 02.10.2012 to 02.08.2016. The O.P further submitted that the loan agreement vide no. 5001020846 contains an arbitration clause.  An arbitral award has already been passed on dtd. 26.05.2015 so the consumer fora has no power to decide this complaint petition and filed several citations of Hon’ble National CDR Commission and the case is liable to be dismissed.

Heard and perused the case record along with materials available. The complainant was financed a vehicle bearing Regn. No.OD-15-0133  by the O.P for an amount of Rs.16,15,000/- only excluding interest which was to be refunded in 47 numbers of monthly installments started from 02.10.2012 to 02.08.2016.  As per the statement of accounts issued by O.P. dtd. 09.08.2017 the complainant was to pay Rs.19,652/- only towards overdue installment and Rs.1,87,933/- only towards net overdue interest.  An arbitral award has been passed against the complainant on dtd.26.05.2015 where the complainant filed this case on dtd. 10.11.2016. 

As an arbitral award has been passed on the same dispute prior to filing of the complaint case by the complainant, this Hon’ble Forum bind its hands on deciding the same dispute, hence the complaint case is hereby dismissed with no cost.

            Accordingly the present complaint case is disposed of.

Order pronounced in the open court today the 16^th day of August’ 2017 and copy of this order shall be supplied to the parties as per rule. 

          I Agree.                           I Agree.                                                                                             

        A.Nanda, Member             S.K.Ojha, Member            S. L. Behera, President                 

Dictated and corrected by me

      S. L. Behera, President.